Connect with us

Virginia

Former Va. Tech football player found not guilty in beating death of gay man

Defense lawyer said victim tricked 18-year-old into having sex

Published

on

Isimemen Etute was acquitted after killing a gay man who tricked him into having sex. (Photo courtesy Blacksburg Police Department)

A Montgomery County, Va., jury on May 27 acquitted a former Virginia Tech football player of second-degree murder for the May 2021 beating death of a gay man who was dressed in women’s clothes when the two men engaged in sex after meeting through the online dating site Tinder.

At the time of his arrest last year, Isimemen Etute, 19, who was 18 at the time of the incident, told police he acted in self-defense after learning that victim Jerry Paul Smith, 40, tricked him into thinking he was a woman when he allowed Smith to perform oral sex on him at Smith’s Blacksburg, Va., apartment on April 10, 2021.

Etute told police he returned to Smith’s apartment in May of that year to determine whether Smith was a man or a woman, according to the Roanoke Times. The newspaper reports that Etute testified at his trial that a confrontation broke out inside Smith’s apartment after Etute saw that Smith was a man. He testified at his three-day trial last week that he began punching Smith after Smith appeared to be reaching for a weapon under the mattress of his bed, possibly a gun.

Police discovered a knife under the mattress at the time they found Smith’s badly beaten body on the bedroom floor.

Prosecutors presented a witness from the county medical examiner’s office who testified that most of the bones in Smith’s face were broken, he had bleeding and swelling in his brain, and had multiple teeth knocked out. 

The Associated Press reports that Assistant State’s Attorney Patrick Jensen argued at the trial that the injuries suffered by Smith indicated Etute acted with malice and Smith could not have posed a threat to him after he was initially punched by Etute.

“I felt violated,” Etute testified at the trial, according to the AP and the Roanoke Times “I was just in shock, in disbelief that someone tricked me and lied to me,” the Times quoted Etute as telling the judge and jury.

His attorney, Jimmy Turk, told the jury that Smith was a “deceitful and dishonest man” who “defrauded young men for his own sexual gratification,” the Roanoke Times reports. “Who is the real victim here?” the newspaper quoted Turk as telling the jury in his closing arguments. “This was a wicked sexual ruse.”

Prosecutor Jensen called on Circuit Court Judge Mike Fleenor to instruct the jury that the defense could not use a so-called “gay panic defense” on Etute’s behalf because the Virginia General Assembly last year passed a law outlawing the gay and transgender panic defense in criminal trials.

The law, similar to laws passed by other states, says juries cannot consider a violent act to be justified by someone who finds out someone else’s sexual orientation or gender identity.

According to the Roanoke Times, the judge said the law would have applied in this case, but it did not take effect until after the incident in which Etute assaulted Smith took place and so the law could not be applied retroactively.

The Times and AP report that the jury handed down its not guilty verdict after deliberating for just three hours.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Virginia

Mark Levine running in ‘firehouse’ Democratic primary to succeed Adam Ebbin

Outgoing gay Va. state senator has endorsed Elizabeth Bennett-Parker

Published

on

Former Virginia state Del. Mark Levine (D-Alexandria) (Washington Blade file photo by Michael Key)

Gay former Virginia House of Delegates member Mark Levine (D-Alexandria) is one of four candidates running in a hastily called “firehouse” Democratic primary to be held Tuesday, Jan. 13, to select a Democratic nominee to replace gay state Sen. Adam Ebbin (D-Alexandria)

Ebbin, whose 39th Senate District includes Alexandria and parts of Arlington and Fairfax Counties, announced on Jan. 7 that he was resigning effective Feb. 18, to take a job in the administration of Gov.-elect Abigail Spanberger.

The Jan. 13 primary called by Democratic Party leaders in Alexandria and Arlington will take place less than a week after Ebbin announced his planned resignation.

According to the Community News of Alexandria publication, a public debate between the four candidates was scheduled to take place one day earlier on Monday, Jan. 12, from 7-9 p.m. at the Charles Houston Recreation Center in Alexandria.

The winner of the so-called firehouse primary will compete in a Feb. 10 special election in which registered voters in the 39th District of all political parties and independents will select Ebbin’s replacement in the state Senate.

The other candidates competing in the primary on Tuesday, in addition to Levine, include state Del. Elizabeth Bennett-Parker, former Alexandria Vice Mayor Amy Jackson, and World Wildlife Fund executive Charles Sumpter.

Another Alexandria news publication, ALXnow, reports that Ebbin, Spanberger, and at least four other prominent Democrats in the Virginia General Assembly have endorsed Bennett-Parker, leading political observers to view her as the leading contender in the race.

“I have worked alongside Elizabeth and have seen her fight for the values of our community,” Ebbin said in a statement, ALXnow reports.

Arlington gay Democratic activist TJ Flavall said Parker-Bennett has attended LGBTQ community events and is known as an LGBTQ ally. 

Ebbin’s endorsement of Bennett-Parker over fellow gay politician Levine in the Jan. 13 firehouse primary follows what observers have said is a longstanding rivalry between the two over disagreements around legislative issues.

In 2021, Ebbin endorsed Parker-Bennett when she challenged Levine in the Democratic primary for his House of Delegates seat in the then 45th House District in Alexandria.

Parker-Bennett defeated Levine in that race at a time when Levine, in an unusual move, also ran for the position of lieutenant governor. He also lost that race.

ALXnow reports that in his Facebook announcement of his candidacy for Ebbin’s state Senate seat Levine discounted the relevance of the large number of prominent endorsements that Parker-Bennet has received. In campaigns that last for just a few days rather than weeks or months, “it’s about turnout,” ALX now quoted him as saying.

Levine, an attorney, has a longstanding record as an LGBTQ rights advocate. He worked as a legislative counsel to gay former U.S. Rep.  Barney Frank (D-Mass.) before becoming a radio talk show host and TV political commentator in Virginia prior to his election to the Virginia House of Delegates. 

The firehouse primary on Jan. 13, which is open only to voters with identification showing they live in the 39th District, will take place from 8:30 a.m. to 7 p.m. in these locations:

Alexandria: Charles E. Beatley, Jr. Public Library, 5005 Duke St.; and the Charles Houston Recreation Center, 901 Wythe St.

Arlington:  Aurora Hills Library, 735 18th St. S.

Annandale: New John Calvin Presbyterian Church, 6531 Columbia Pike

Continue Reading

Virginia

Gay Va. State Sen. Ebbin resigns for role in Spanberger administration

Veteran lawmaker will step down in February

Published

on

Virginia State Sen. Adam Ebbin will step down effective Feb. 18. (Washington Blade file photo by Michael K. Lavers)

Alexandria Democrat Adam Ebbin, who has served as an openly gay member of the Virginia Legislature since 2004, announced on Jan. 7 that he is resigning from his seat in the State Senate to take a job in the administration of Gov.-Elect Abigail Spanberger.

Since 2012, Ebbin has been a member of the Virginia Senate for the 39th District representing parts of Alexandria, Arlington, and Fairfax counties. He served in the Virginia House of Delegates representing Alexandria from 2004 to 2012, becoming the state’s first out gay lawmaker.

His announcement says he submitted his resignation from his Senate position effective Feb. 18 to join the Spanberger administration as a senior adviser at the Virginia Cannabis Control Authority.

“I’m grateful to have the benefit of Senator Ebbin’s policy expertise continuing to serve the people of Virginia, and I look forward to working with him to prioritize public safety and public health,” Spanberger said in Ebbin’s announcement statement.

She was referring to the lead role Ebbin has played in the Virginia Legislature’s approval in 2020 of legislation decriminalizing marijuana and the subsequent approval in 2021of a bill legalizing recreational use and possession of marijuana for adults 21 years of age and older. But the Virginia Legislature has yet to pass legislation facilitating the retail sale of marijuana for recreational use and limits sales to purchases at licensed medical marijuana dispensaries.   

“I share Governor-elect Spanberger’s goal that adults 21 and over who choose to use cannabis, and those who use it for medical treatment, have access to a well-tested, accurately labeled product, free from contamination,” Ebbin said in his statement. “2026 is the year we will move cannabis sales off the street corner and behind the age-verified counter,” he said.   

Continue Reading

Virginia

LGBTQ groups to join Spanberger inaugural parade

Virginia Pride among more than 25 orgs to march in Jan.17 event

Published

on

Abigail Spanberger is set to take the oath of office on Jan. 17. (Washington Blade file photo by Joe Reberkenny)

Virginia Gov.-Elect Abigail Spanberger’s inaugural committee announced on Jan. 2 that at least two LGBTQ organizations will be among more than 25 state-based organizations, including marching bands, that will participate in her inaugural parade on Jan. 17.

A statement released by the inaugural committee says the parade will take place immediately after Spanberger is sworn in as Virginia’s 75th governor and delivers her inaugural address in Richmond.

The statement lists the LGBTQ groups Virginia Pride and Diversity Richmond as two groups participating in the parade, although the two groups merged in 2021, with Virginia Pride becoming a project of Diversity Richmond. Among other things, Virginia Pride organizes Richmond’s annual LGBTQ Pride events.

“A display of the impressive talent and beauty of every corner of Virginia, our inaugural parade will be a celebration of all that makes our Commonwealth strong,” Spanberger said in the Jan. 2 statement. “I’m excited for attendees in the stands on Capitol Square and families watching together at home to see this incredible showing of Virginia pride,” she said.

James Millner, who serves as director of Virginia Pride, told the Washington Blade about 75 people are expected to join the Virginia Pride-Diversity Richmond contingent in the parade. He said among them will be members of other Virginia LGBTQ organizations. 

“We’re going to invite our staff, our board, our volunteers, and our community partners to join us,” Millner said. 

“We are thrilled and honored to have been invited to participate in Abigail Spanberger’s inauguration festivities,” he added. “I think this represents a marked change from the previous administration and demonstrates what she campaigned on – which is she sees the diversity of the Commonwealth as a strength that needs to be celebrated,” he said. “And we are very happy that she has invited us to represent the diversity of the commonwealth.”

Millner appeared to reflect on the sentiment of the large majority of Virginia’s LGBTQ community in its support for Democrat Spanberger over Republican Lt. Gov. Winsome Earle-Sears in the November 2025 Virginia election and the end of incumbent GOP Gov. Glenn Youngkin’s term in office on Jan. 17. 

“After what we’ve been through with the Younkin administration, especially in its treatment of LGBTQ folks, especially transgender and nonconforming folks, I think we are all breathing easy and excited about what opportunities will exist in working with Abigail Spanberger,” he told the Blade.

Continue Reading

Popular